As used in this title, unless the context or subject matter otherwise clearly requires:
1. Superseded by N.D.R.Crim.P., Rule 3.
2. An "indictment" is an accusation in writing presented by a grand jury to a competent court charging a person with a crime or public offense.
3. A "presentment" is an informal statement in writing by a grand jury representing to the court that a public offense has been committed which is triable in the county or subdivision, and that there is reasonable ground to believe that a particular individual named or described has committed it.
4. An "information" is an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said court.
5. A "magistrate" is an officer authorized by law to issue a warrant for the arrest of a person charged with a crime or public offense.
6. The term "writing" includes printing and typewriting.
7. The term "oath" includes an affirmation.\n\n Page No. 2
8. The term "signature" includes a mark, when the person cannot write, the person's name being written near it and the mark being witnessed by a person who writes the witness's own name as a witness, except that if the paper is an affidavit or deposition, or a paper issued before a judicial officer, the attestation of the officer is sufficient.
9. The term "county" includes an organized county, or an organized county and such unorganized counties or other territory or parts of this state as may be attached by law to such organized county for judicial purposes. \n
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1969–2024 · leading case:
State v. Brown, 2009 ND 150 (N.D. 2009).
State v. Brown, 2009 ND 150 (N.D. 2009).
· cites it 4× “[¶ 40] Brown contends, however, that the rule is not the applicable standard, because N.D.C.C. § 29-01-13(4) requires more: An.”
State v. Noorlun, 2005 ND 189 (N.D. 2005).
· cites it 2× “§ 29-01-13(4), an information is an accusation in writing charging a person with a crime or public offense, signed and verified by some person and presented to and filed in the district court. In State v. Buehler, 125 N.W.”
State v. Nordquist, 309 N.W.2d 109 (N.D. 1981).
· cites it 2× “” 6 Finally, we believe this conclusion is supported by reference to another statute, Section 29-01-13(2), N.D.C.C., which defines the term “indictment” as follows: “2.”
State v. Wetzel, 2008 ND 186 (N.D. 2008).
· cites it 2× “See N.D.C.C. § 29-01-13(9) (defining county as organized county and territory that may be attached to organized county for judicial purposes).”
City of Grand Forks v. Riemers, 2024 ND 117 (N.D. 2024).
· cites it 2× “, an information is “an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said…”
State v. Medearis, 165 N.W.2d 688 (N.D. 1969).
· cites it 2× “Section 29-01-13, Subsection 4, N.D.C.C., defines an information as “ * * * an accusation in writing, in form and substance like an indictment for the same offense * * *.”
City of Grand Forks v. Riemers, 2024 ND 117 (N.D. 2024).
· cites it 2× “, an information is “an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said…”
State v. Perry, 182 N.W.2d 860 (N.D. 1971).
· cites it 2× “The sections of our Code pertinent to compare in this regard are Sections 29-10-39 and 29-10^10, relative to grand jury indictment, and Section 29-07-18 and Subsection 4 of Section 29-01-13, relating to the latter procedure.”
Interest of L.J., 2005 ND 182 (N.D. 2005).
· cites it 2× “[¶28] Under N.D.C.C. § 29-01-13(4), an information is an accusation in writing charging a person with a crime or public offense, signed and verified by some person and presented to and filed in the district court.”
— N.D. Cent. Code § 29-01-13(2) — 1 case
State v. Nordquist, 309 N.W.2d 109 (N.D. 1981).
“” 6 Finally, we believe this conclusion is supported by reference to another statute, Section 29-01-13(2), N.D.C.C., which defines the term “indictment” as follows: “2.”
— N.D. Cent. Code § 29-01-13(4) — 5 cases
State v. Brown, 2009 ND 150 (N.D. 2009).
“[¶ 40] Brown contends, however, that the rule is not the applicable standard, because N.D.C.C. § 29-01-13(4) requires more: An.”
State v. Noorlun, 2005 ND 189 (N.D. 2005).
“§ 29-01-13(4), an information is an accusation in writing charging a person with a crime or public offense, signed and verified by some person and presented to and filed in the district court. In State v. Buehler, 125 N.W.”
City of Grand Forks v. Riemers, 2024 ND 117 (N.D. 2024).
“, an information is “an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said…”
City of Grand Forks v. Riemers, 2024 ND 117 (N.D. 2024).
“, an information is “an accusation in writing, in form and substance like an indictment for the same offense, charging a person with a crime or public offense, signed and verified by some person and presented to the district court and filed in the office of the clerk of said…”
Interest of L.J., 2005 ND 182 (N.D. 2005).
“[¶28] Under N.D.C.C. § 29-01-13(4), an information is an accusation in writing charging a person with a crime or public offense, signed and verified by some person and presented to and filed in the district court.”
— N.D. Cent. Code § 29-01-13(9) — 1 case
State v. Wetzel, 2008 ND 186 (N.D. 2008).
“See N.D.C.C. § 29-01-13(9) (defining county as organized county and territory that may be attached to organized county for judicial purposes).”
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